PALNATI BUCHAMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners seek benefit of Section 28-A of the Land Acquisition Act, 1894 (for short, 'the Repealed Act') with respect to the lands which were the subject matter of land acquisition.

(2.) The facts are not in dispute to the extent that the petitioners are covered by the Award dated 23.10.2017 in O.P.No.43 of 2005 on the file of Senior Civil Judge, at Miryalguda, arising from the Award dated 19.02.2002 passed by the Land Acquisition Officer in pursuance of the notification dated 15.02.2000.

(3.) The learned Senior Civil Judge, Miryalguda, has enhanced the compensation from Rs.2,00,000/- per acre to Rs.564/- per square yard, accepting the claim of the claimants therein. As the petitioners are also covered under the same Notification dated 15.02.2000, the petitioners are also required to be extended the benefit in terms of Section 28-A of the Repealed Act, on account of the provisions of Section 24(1)(b) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'Act 30 of 2013'). Notwithstanding the fact that the Land Acquisition Act, 1894 was repealed, it may be noted that, Section 114 read with Section 24(1)(b) makes it clear that with respect to land acquisition proceedings where an Award has already been made, any further proceedings arising under the Repealed Act are required to be continued under the Repealed Act.